CONSTRUCTION AND REAL ESTATE

Real estate law, construction law and the legal fields associated with these have counted among the core advisory services of our firm for many years. The 'Construction and Real Estate' practice group arose from our in-depth industry knowledge and legal specialisation and covers this topic area in its entirety. With particular expertise in administrative law, we successfully work toward the reconciliation of interests between private and public concerns.

As an involved party, you will benefit from competent legal advice, which will help you to identify and avoid potential project risks at an early stage. Like in the construction industry, experts in different specialist fields work together in our practice group to find the best possible solution for every problem and to make optimal use of knowledge interfaces.

Our specialist lawyers for construction and architectural law, tenancy and residential property law, and architectural law develop sustainable concepts that place construction plans and investments on solid legal footing. All team members have many years of experience with construction projects and real estate transactions, speak the technical language of the clients and give clear advice. Due to the possibility of acting in a legal representative or notarial capacity for you, we can help you in the broad field of real estate law in every respect - and continuously support your project from planning permission to defect management.

Our construction law team represent the entire spectrum of parties involved in the construction sector, including private, commercial and public developers; project developers, property developers and investors; architects, engineers and specialist planners, as well as public authorities and banks.

Key services of the practice group

Real estate transactions and real estate financing

Renting, leasing and operation of real estate

Development and negotiation of rental agreements

Commissioning of land charges, mortgage loans, usufruct and housing rights

Foreclosure proceedings and enforcement

Land transactions and subdivision of plots

Drafting, negotiation and reviewing of construction and architect contracts

Advice on construction planning law including the drafting of development plans, urban development contracts and development agreements

Assistance in obtaining planning permissions

Real estate-related environmental advice

Safeguarding of interests in dealings with public authorities

Support in the tendering process, including mediation and arbitration procedures

Assessment and enforcement of warranty claims and claims for the correction of faults

Defence and enforcement of price reduction claims and claims for damages

Settlement of compensation disputes including amendments

FIELDS OF EXPERTISE

Architectural law

In the construction sector, rising technical standards and legal requirements lead to a clear increase in the services of architects at the planning and execution levels. Both contractors and clients find themselves exposed to an increased number of interface risks that endanger the successful course of projects. This potential for conflict can be defused: forward-looking legal advice and contract drafting create a safe project basis for all parties.

We offer you advice in all matters concerning agreements with architects, engineers or project managers. You can rely on the construction-related expertise and legal foresight of our experts in architectural law in the negotiation, drafting and reviewing of contracts. We support typical problems such as remuneration and liability issues from the draft agreement to supplementary agreements in a solution-oriented manner. In doing so, we always follow the practical and economic requirements of construction work; we prefer timely avoidance of conflicts and the extrajudicial settlement of conflicts of interest wherever possible. Our firm is authorised for the mediation of construction matters and also represents you in arbitration proceedings in a legal capacity.

Our key services in architectural law

Advice on contractual issues, especially on:

the formation and termination of the contract,

the potential invalidity of the contract, as well as the reviewing of violations against legal provisions

the scope of services and precise details of the contract

replacement orders

Advice on remuneration matters, especially in relation to:
- remuneration bands and remuneration rates
- the service phases
- the arrangement of a flat fee or hourly fee
- the minimum and maximum rates of the HOAI
- the chargeable costs of a construction project
- the possible arrangement of a performance fee
- all special issues concerning remuneration, especially in the case of planning changes or a rejected planning application
- the final invoice and maturity of the claim
- any action for the recovery of fees submitted by the architect

Advice on liability issues, including the judicial and extrajudicial representation of architects, engineers, project managers and their liability insurers

Construction law

Urban development planning notably includes formal and content-related requirements in the process of drawing up the plans, the procedure, the possibilities for participation and legal protection, as well as the implementation and safeguarding of the planning. Sectoral planning law covers the planning of spatially-relevant projects such as roads and motorways.

Planning law particularly involves conflicts concerning pollution control laws in urban development planning (such as noise associated with sports, leisure activities, industry and traffic), environmental considerations (especially nature conservation issues) in specialist planning (such as in planning permission for roads or airports), as well as the relationship between construction planning and trade laws (such as the licensing law legitimacy of entertainment facilities).

We advise private individuals, businesses and communities on the entire planning process.

Zoning and sectoral planning law

Construction is becoming increasing complicated. Stricter regulations, increasing usage requirements and a multitude of technical possibilities make construction projects more extensive and unmanageable. It is therefore all the more important to obtain timely competent legal counsel. This is obtained from specialised specialist lawyers, who are familiar with all areas of construction and adeptly support their clients from the beginning to the end of a project.

Construction law and all other legal fields that are important in the realisation of construction projects have for decades counted among the core advisory services of our firm. Issues related to construction law often hover on the boundary between private and public law, which is why you will find specialists in both legal fields with us.

We reliably assist you in all project phases, from development, planning and implementation up to marketing of the real estate. With comprehensive legal and technical expertise, we assert your claims and rebut unfounded claims by third parties. Our experts in construction law support you not only in individual matters - such as in approval, procurement and contractual matters - but also develop comprehensive strategies on request for your legal and business success.

Our key services in construction law

Assistance in development plan procedures and in the acquisition of planning permission

Drafting and reviewing of construction and architect contracts

Legal advice throughout construction

Assessment or enforcement of warranty claims and claims for the correction of faults

Defence or enforcement of price reduction claims and claims for damages

Settlement of compensation disputes including amendments

Guiding of independent proceedings for taking of evidence as well as all other legal disputes

Land law

We are your competent point of contact for the drafting of contracts relating to the transfer of property - be this by way of sale or due to endowment or hereditary succession.

We take care of the necessary property encumbrances such as land charges, mortgages, usufruct orders or housing law orders. Even public access rights and rights of way, pipeline rights and all further safeguards than can be entered into the land register of the property concerned are prepared by our firm and notarised or authenticated if necessary. In the case of disputes arising from rights to property, we are committed to asserting your claims.

Our key services in land law

Real estate contracts of sale

Transfers of property

Easements

Mortgages

Power of sale

Real estate law

Our firm is specialised in all matters concerning real estate that may arise. Regardless of the need for legal counsel in construction, acquisition, sale, renting or leasing of real estate, or for legal counsel in connection with brokerage activity in the area of real estate management, we give you comprehensive advice. Due to the possibility of acting in a legal representative or notarial capacity for you, we can help you in the area of real estate law in every respect. Our firm therefore supports and executes the division of property in condominiums or divisions resulting from new boundary surveys.

Our firm also assists you in matters of foreclosure proceedings and enforcement in real estate, in the commissioning of land charges and mortgages, as well as in all matters of safeguards of rights to real estate.

Brokerage law

The activity of a broker is focused on bringing about the conclusion of a contract between two other people as an intermediary, whereby only successful brokerage activity triggers remuneration claims. Different kinds of brokerage activity exist, for example housing brokerage, property brokerage, loan brokerage, employment brokerage and the like.

Legal regulations differentiate between two kinds of broker, namely the so-called referral broker and the intermediary broker.

We offer you advice as a broker or customer of a broker on all issues concerning the drafting and conclusion of a brokerage contract. Alongside intensive counselling and extrajudicial negotiation, we of course also handle lawsuits for you.

Tenancy law belongs to the field of civil law and covers all provisions that regulate the relationship between tenant and landlord. Since the vast majority of the German population lives in rented accommodation, tenancy law is a particularly important legal field. It includes a multitude of legal regulations, to which new regulations are constantly being added.

We offer advice to both landlords and tenants on all matters concerning the increasingly complicated legal situation in commercial and private tenancy law. Through specialist lawyer-related specialisation and further training, we know the current rights and obligations of both renting parties, so that we can optimally represent the interests of our clients.

In tenancy law affairs, we always attempt to resolve conflicts in a conciliatory manner and to solve your problem in a time and cost-efficient way. If extrajudicial negotiations should fail, we also assert your claims in court.

Our key services in tenancy law

Conclusion of the rental agreement

Cancellation of the rental agreement

Protection against unwarranted eviction

Termination of the rental agreement

Settlement of the rental agreement

Vacating and surrendering

Rent increases

Cosmetic repairs

Running costs

Rent reduction in the case of defects

Termination of the rental agreement

Settlement of the rental agreement

Change of the contracting parties

Environmental law

Environmental law covers several cross-sectional areas of public law. This particularly includes pollution control law, water law, recycling and waste law, nature conservation law and soil protection law.

Pollution control law primarily concerns protection against air and noise pollution in installations subject to licensing and other structures, especially traffic routes. In water law, the key issues are measures for water protection and the arrangement of water law-related uses. Recycling and waste law is defined by complex prevention, recovery and disposal. Soil protection law, which serves to safeguard and restore soil functions, intersects with many other areas of law such as water law (contamination of bodies of water), waste law (sites of toxic waste deposits), and nature conservation law (landscape conservation, agricultural land use).

We offer advice to private individuals, businesses and communities both on pre-planned uses and in the case of judicial enforcement.

Administrative law

Administrative law regulates the legal relationships of the state with its citizens.

Our firm advises private individuals, businesses and communities on matters of defence and enforcement of administrative acts, ordinances and bylaws. We represent our clients in proceedings before the administrative courts and compulsorily enforce administrative decisions.

Our key services in administrative law

Building permit proceedings

Planning approval proceedings

Demolition orders

Urban planning legislation

Licensing law

Pollution control law

Waste law (recycling and refuse law)

Water law

Work and services contract law

Work and services contract law has been a key area of specialisation of our firm for many years.

We offer you advice in all areas of private and public construction law. Alongside advisory services, we also handle proceedings for taking of evidence as well as all other legal disputes.

Our key services in work and services contract law

Drafting and reviewing of construction and architect contracts

Assessment or enforcement of warranty claims and claims for the correction of faults

Defence or enforcement of claims for abatement and damages

Settlement of compensation disputes

Residential property law

The German Condominium Act regulates the rights and obligations of members or owners of a homeowners or condominium association.

Our firm represents both individual owners, owners' associations, and property managers extrajudicially, judicially and also at owners' meetings, if necessary.